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HomeMy WebLinkAboutRES NO 137-96RESOLUTION A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR REORGANIZATION OF TERRITORY BY ANNEXING TO THE CITY OF BAKERSFIELD AND DETACHMENT FROM THE KERN SANITATION AUTHORITY PROPERTY IDENTIFIED AS ANNEXATION NO. 393, CHESTER NO. 3 ANNEXATION (WARD 2 & 5). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on SEPTEMBER 19, 1996, for the prezoning for the territory, notice of the time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 101-96 on September 19, 1996, the Planning Commission recommended approval and adoption of Prezoning No. P96-0627 by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the City Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on November 20, 1996, notice of time and place of said hearing have been given at least twenty- one (21) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the City Council of the City of Bakersfield adopted an Ordinance to Prezone No. P96-0627 for the Chester No. 3 Annexation; and WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City oi Bakersfield of the hereinafter-described territory, pursuant to Section 56800 of the Government Code of the State of California. WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the detachment of the herein described territory from the Kern Sanitation Authority, pursuant to Section 56000, Division 3, Title 5 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: 1. That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory described in Exhibit "A" and shown on map marked Exhibit "B", attached hereto and made a part of this resolution as though fully set forth herein. 2. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit "C", attached hereto and made a part hereof as though fully set forth herein. 3. That this proposal for change of organization, to wit, reorganization, is made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, and it is requested that proceedings be authorized for annexation in accordance therewith. 4. That the reasons for the proposed change of organization are that the owners and residents of the affected territory desire to receive municipal services from the City of Bakersfield, and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 5. That for this proposed reorganization and the prezonmg therefor, an Ordinance was adopted on December 4, 1996, an Initial Study was conducted and it was determined that the proposed project would not have a significam effect on the environment. A Negative Declaration was adopted for the prezoning. 6. That the laws and regulations relating to the preparation and adoption of the environmental document as set forth in the California Environmental Quality Act and City of Bakersfield Resolution No. 107-86 have been duly followed. 7. That the territory proposed for reorganization as described herein has been determined to be inhabited pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Section 56046 of the Government Code. 8. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: City Clerk City of Bakersfield 1501 Traxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Judy Skousen City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 9. That the appropriate City officials shall file ten (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 2700 "M" Street, Suite 302, Bakersfield, California 93301. lo0o-- 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on rlF~ 0 4 1.q~ , by the following vote: ,,\~:~ C~UiVT~I.,UIO.4,'3CR DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, $ALVAGOIO Acting CITY CLERK and Ex OfficiO/Clerk Council of the City of Bakersfield of the APPROVED DEC 0 4 19~ PATRICI~ DEMOND VICE-Iff~YOR of the city of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt November 12, 1996 r¢skrc3roa 4 EXHIBIT "A" CHESTER NO. 3 ANNEXATION NO. 393 A parcel of land consisting of portions of Sections 13 and 24, Township 29 South, Range 27 East, M.DB. & M., Sections 18 and 19, Township 29 South, Range 28 East, M.D.B. & M., County of Kern, State of California, more particularly described as follows: Commencing at the southwest comer of said Section 18, said comer being established by a "6 inch round concrete monument, 16 inches deep", said comer being designated as 692,146.518 feet North, 1,695,919.512 feet East per California Coordinate System, Zone 5; Thence North 01° 32' 11" East along the west line of said Section 18, a distance of 333.27 feet to a point on the existing corporate boundary of the City of Bakersfield and TRUE POINT OF BEGINNING; Thence (1) easterly, southeasterly, westerly, northerly and easterly, on and along said existing corporate boundary (circumventing the enclosed county territory) returning to the TRUE POINT OF BEGINNING. Containing 198 acres (more or less) Sec. 13 T. 29S.,R. 27 E. M.D.B. 8~ M. 1 ] Sec. 24 / / Sec. 18 T 29S.,R. 28E. M.D.B. & M Sec. 19 ANNEXATION OF CHI:lITER Ne. $ VICINITY MAP: T, ANNEXATION NO. 393 (CttESTER NO 3) PLAN FOR PROVIDING SERVICES SERVICES Agency Which Presently Provides Check Services Which CiW/District Will Indicate How Services Provided By Service Provide Ci~/District will be Financed (i.e., general tax rate or special assessment.) Upon Future Date Annexation (specify) plannmt~ COUNTY CITY GENERAL TAX REVENUES Parks and Recreation COUNTY CITY Library COUNTY GENE;RAL TAX REVENUES Police Protection SI IER[FF & tlIGltWAY PATROL CITY GENERAL TAX REVENIJES Fire Protection COUNTY (SEE PAGE 2) GENERAl, TAX REVEN[ lES, FIRE FUND Street COUNTY CITY GENERAL AND GAS ]'AX REVENUES Construction COUNTY CITY (U/D) BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAl. AND GAS TAX REVENUES Sweeping CITY GENERAl. AND GAS TAX REVENUES l.i0ttin~ COUNI'Y DISTRICT CITY GENERAl. TAX REVENU[,iS Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage COUNTY CITY Water CALIFORNIA WATER SERVICE USER FEE CO. Other (REFUSE) PRIVATE CITY USER FEE U/D - UPON DEVELOPMENT WITHIN ANNEXATION BOUNDARY EXHIBIT "C" I. Please provide the following information, when applicable, only for service which will Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) POLICE-AIl police services in the City of Bakersfield are administered through the City Police Department located at the s/w comer of Truxtun Avenue and Eye Street approximately 1 1/4 miles south of the annexation. be provided by the applicant city. Service Level Canacitv Indicate frequency and availability of service (i.e., street sweeping, ~ponse time for emergency services, rec. programs, etc. 24 hour patrol is provided in the unmediate vicinity of this annexation, First priority response is approximately 7.00 minutes or less. FIRE-Service will be provided by County Station No. 64 located at the southeast comer of North Chester Avenue and Robert Lane pursuant to exchange wherein City protects certain property within the County's jurisdiction. Thus, the City does incur the cost of providing fire protection and the fire fund collection from the City's taxpayers must be transferred to the City. PARKS AND RECREATION - A major porlion of the territory on the west side of Chester Avenue is already comprised of County Park and Recreation facilities (Metropolitan Recreation Center). This area contains Stramler Park, Sam Lynn Baseball Stadium, Junior Baseball Association facilities, Pioneer Village and the Kern County Museum. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide necessary facilities, personnel and sen'ices to accommodate Public Works efforts. CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance and personnel will be dispatched from the City Yard on a regular basis for preventative maintenance as needed Repair includes streets, constructed/maintenance, sweeping and lighting. SEWER-The territory is presently served by the Kern Sanitation Authority (Old Alta Verde Sanitation Dist) which by agreement, ties into the City system served by City Treatment Plant No. 2. Upon annexation, the temtory shall be detached from the County "Authority" and totally operated and maintained by the City. WATER-The territory will continue to be served by the California Water Service Company. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. Fire protection is provided on a 24-hour basis. The annexation will not affect City or County Fire service capability or response time. Existing neighborhood Parks (City and County) are open to the public at reasonable hours. N/A There will be no reduction in the range capacity of the City to provide the necessary public work services to this area. Services will be on a regular basis and "as needed". Adequate capacity exists. Adequate capacity exists. City refuse pickup is twice a week. 2 III. What effects, if any, would annexation of this territory have on the existing level of city/diatnct servmes (i.e., need for additional emergency semce personnel or construction of new facilities, ete)? The annexation of this terntory will have some effect on the near term level or capability of the City to provide needed sermecs. The terNtory consists of a well-established completely developed County area. Additional police officers will very likely be requi~cl to maintain the current level of city service. Annexation of the county st, feets and sewer system within the temto~ will increase the future maintenance responsibility of the City but should not affect the existing level of service. IV. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fu'e hydrants, mares, etc.): If so, would city/district or residents be responsible for financing? No. ffany additional development occurs. the developer provides and pays for major facilities and dedicates them to the City, No up~ading or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected terntory. The existing zoning is comprised of County R-2 (medium- density residentlaB. R-3 (high-density residential), C-2-D (General commercial. architectural desigl~l. CH(Highway commercial). M-1 (Light industrial). M-1-D (Light industrial. architectural desiillO. M-1-PD ('Light industrial. precise development). and RF (Recreation - Forests) zoning. See Map on page 5. indicate and explain proposed prezuning in area. (List effects on present land use that would occur as a result of annexation such as maintenance of livestock on property, etc.)Prezoning to City R-2 (Limited Multiple F,mily Dwelling), C-2 (General Commercial). M-l (Light Manufacturing). M-2 (General Manufacturing) and RE (Recreation). as shown on attached Map on Page 5. List city/district services that area will dkectly or indirecdy benefit from such as decrease m fire insurance rate, shorter emergency response time, use of community facilities, etc. City Police should be able to respond in a more tunely manner than present County Sheriff services. The present City refuse collection rate is substsntially lower than fees county residents now pay to independent companies. No special assessment or charges for street sweeping. leaf collection, street lighting energy costs and fire hydrants upon development of subject area. City government also provides increased political representation for residents within the corporate limits. VIII A. Please provide the following information relative to city/district and county taxes: Listexistingtsxrate(s)in area. The existing tax rate in the area equals 1,163202% of assessed market value except for a small area on the north side of Sam Lynn Baseball Park (in Section 13) having a rate of 1.102014%. This represents the total property tax rate. When annexed a designated pereentage of the total property tax of the area will accrue to lhe City and remainder to the County for providing health care and social sermces. (Rate as shown on 1995-96 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No. the last listed (1992-93) City bounded indebtedness has been paid off and the current (1995-96) tax rate list shows no city bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.007 The property rate will not increase due to annexation and re-assessment will not occur due to annexation, 4 PREZONING P96-~627 CHESTER NO. 3 AREA ~ R-3 C-2-O ~ C-2-D ~"-',~,~ I T29S, R27E M-2 M-1 R-3 R-3 R-3 R-3